Escolar Documentos
Profissional Documentos
Cultura Documentos
OF
PROCEDURE
AS AMENDED
UNIMAGINABLE
a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over the
subject matter, improper venue, res-judicata, prescription and forum shopping;
b) Motion for bill of particulars
c) Motion for new trial
d) Petition for relief from judgment
e) Motion to declare respondent in default
f) Motion for reconsideration of any decision or order of the Labor Arbiter;
g) Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an
order:
(1)Denying a motion to dismiss;
(2)Denying a motion to inhibit
(3)Denying a motion for issuance of a writ of execution
(4)Denying a motion to quash writ of execution
h)Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;
i)Appeal from orders issued by the Labor Arbiter in the course of execution proceedings.
j)Such other pleadings, motions and petitions of similar nature intended to circumvent
above provisions. (Section 5, Rule V)
CONTEMPT POWER?
1. Direct Contempt
The Chairman or any Commissioner or Labor Arbiter may summarily adjudge
guilty of direct contempt any person committing any act of misbehavior in the
presence of or so near the Chairman or any Commissioner or Labor Arbiter as to
obstruct or interrupt the proceedings before the same, including disrespect toward
said officials, offensive acts toward others, or refusal to be sworn or to answer as a
witness or to subscribe to an affidavit or deposition when lawfully required to do so.
If the offense is committed against the Commission or any member thereof, the same
shall be punished by a fine not exceeding Five Hundred Pesos (P500.00) or
imprisonment not exceeding five (5) days, or both; and, if the offense is committed
against any Labor Arbiter, the same shall be punished by a fine not exceeding One
Hundred Pesos (P100.00) or imprisonment not exceeding one (1) day, or both.
Any person adjudged guilty of direct contempt by a Labor Arbiter may, within a
period of five (5) calendar days from notice of the judgment, appeal the same to the
Commission and the execution of said judgment shall be suspended pending
resolution of the appeal upon the filing by said person of a bond on condition that
he will abide by and perform the judgment should the appeal be decided against
him/her. A judgment of the Commission on direct contempt shall be immediately
executory and inappealable. (Section I, Rule IX)
CONTEMPT POWER?
2. Indirect Contempt
The Commission or any Labor Arbiter pursuant to Article 218 (d) of the
Labor Code may cite any person for indirect contempt and impose the
appropriate penalty under any of the following grounds:
a) Misbehavior of any officer or employee in the performance
of his/her official duties or in his/her official transaction;
b) Disobedience of, or resistance to, a lawful writ, order or
decision;
c) Any abuse of, or any unlawful interference with the
processes or proceedings not constituting direct contempt;
d) Any improper conduct tending, directly or indirectly, to
impede, obstruct or degrade the administration of justice;
e) Assuming to be an attorney or a representative of party
without authority;
f) Failure to obey a subpoena duly served; or
g) Other grounds analogous to the foregoing.
(Section 2 Rule IX)
On a final note.
. . . Whatever you are and whatever you intend to
be or to do, be capable or playing your part in
your field of action with skill, dignity and firmness
and with unswerving devotion to the public you
are tasked to serve.
Jose P. Laurel